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11. FORCE MAJEURE
Verity Systems shall not be liable for failure to perform or delay in performance of any contract or for
the loss or damage to goods directly or indirectly caused by force majeure to include acts of God,
fire, theft, riot, war, embargo, strike, shortage of labour, delays in delivery of material by suppliers,
prohibition or export or import, confiscation or any other occurrence (whether or not of a similar
nature to those specified) beyond the control of Verity Systems. No consequences of any such
event shall give rise to the recession of the Contract unless in the opinion of Verity Systems the
contract becomes incapable of performance.
12. WARRANTY
a) Verity Systems warrants that the goods will be of good quality and that Verity Systems has title to
sell the same. Verity Systems’ warranty of workmanship (if provided) shall be effective from the date
on which the goods were accepted in accordance with Clause 8 and limited to 12 months from
dispatch or such period as may be notified (“the warranty period”). During the warranty period Verity
Systems will replace, free of charge, any part or parts of the goods which fail to function as a result
of faults caused during their manufacture providing always that such faulty goods are returned
carriage paid to Verity Systems’ premises. The goods when repaired by Verity Systems will then be
returned carriage paid to the Purchaser. Verity Systems shall not be liable under this warranty:
i) where the defect results from the goods being subjected to abnormal usage or where the defect
is due to the act, neglect or default of anyone other than Verity Systems
ii) for the replacement or repair of the goods or part or parts thereof where such replacement, or
repair becomes impossible as a result of force majeure or any other circumstances beyond
Verity Systems’ control
iii) where the goods or any components or parts thereof are the subject of a separate guarantee
given by a third party.
iiv) where failure is caused by abuse or neglect.
a) The Purchaser acknowledges that if he has not notified to Verity Systems any particular purpose for
which the goods are required all express or implied warranties or conditions statutory or otherwise as
to quality of or fitness for any particular purpose of the goods are hereby expressly excluded and
Verity Systems shall not (except as set out above) be under any liability whatsoever in respect of
defects in goods delivered or for any injury, damage or loss resulting from such defects from any
cause whatsoever.
13. LEGAL CONSTRUCTION
except where otherwise stipulated in writing the relations, arrangements and agreements between
the parties shall be governed by the laws of England and all disputes which may arise under out of or
in connection with any contract between Verity Systems and the Purchaser shall be submitted to
arbitration by the London Court of Arbitration in accordance with its Rules for the time being in force.
Service of any notices in the course of such arbitration to the address of the Purchaser given in the
Contract shall be valid and sufficient. All references in the Terms and Conditions to the masculine
gender shall be deemed to include the feminine and neuter genders. Failure or neglect by Verity
Systems to enforce at any time any of the provisions hereof shall not be construed a waiver of Verity
Systems’ rights nor in any way affect the validity of the whole or part of this contract nor prejudice
Verity Systems’ rights to take subsequent action. The headings of the Terms and Conditions are
inserted for convenience or reference only and are not intended to be part of or to affect the meaning
or interpretation of any of the terms and conditions of this Contract. In the event that any of these
terms, conditions or provisions shall be determined invalid, unlawful or unenforceable it shall be
severed from the remaining terms, conditions and provisions that shall continue to be valid to the
fullest extent permitted by law.
14. STERLING PROTECTION
any quoted or listed sterling prices are subject to variation in the rate of exchange between sterling
and the currency paid by Verity Systems for whole or major components between the date of the
contract and the time of the submission of Verity Systems’ invoice to the Purchaser. Verity Systems
reserves the right to vary the price so that it accords with the said rate of exchange prevailing at the
time of Verity Systems’ invoice.
15. DEFAULT
If the Purchaser shall default in the performance of any of its obligations under the Contract Verity
Systems shall on giving the Purchaser notice in writing have the right without prejudice to any other
rights or remedies to take all or any of the following actions: